Industrial Recycling & Demolition Inc v. Direct Connect Logistix Inc et al
| Industrial Recycling & Demolition Inc |
| Direct Connect Logistix Inc, Hoosier Logistics L L C, P N M Transportation L L C, Dixie Towing L L C and John Does |
| 3:2024cv00655 |
| May 15, 2024 |
| US District Court for the Western District of Louisiana |
| Jerry Edwards |
| Kayla D McClusky |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on May 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Kayla D McClusky. Motion Ripe Deadline set for 5/17/2024. (crt,Crick, S) |
| Filing 30 NOTICE of Corporate Disclosure Statement Requirement re: #29 District Case Transferred In sent to Nicholas K. Thompson, Kelley M. Berry on behalf of Dixie Towing L L C, Industrial Recycling & Demolition Inc. Corporate Disclosure Statement due by 5/31/2024. (crt,Crick, S) |
| Filing 29 DISTRICT CASE transferred in from District of Mississippi Southern; Case Number 3:24-cv-00274. Original file copy of transfer order and docket sheet received |
| CASE Assigned to Judge Jerry Edwards, Jr and Magistrate Judge Kayla D McClusky. (crt,Crick, S) |
| Motions Transferred regarding #5 MOTION to Dismiss for Lack of Jurisdiction . Motions referred to Judge Jerry Edwards, Jr. (crt,Crick, S) |
| Remark: Emailed IT Department to electronically transfer case to the United States District Court for the Western District of Louisiana, Monroe Division. Clerk will docket confirmation email when received from the U.S. District Court for the Western District of Louisiana, Monroe Division. (LAT) [Transferred from Mississippi Southern on 5/17/2024.] |
| District Transfer Out to the U.S. District Court for the Western District of Louisiana, Monroe Division. (LAT) [Transferred from Mississippi Southern on 5/17/2024.] |
Filing 28
ORDER granting #17 Motion to Change Venue. IT IS HEREBY ORDERED that the Clerk of Court sever Industrial's claims against Dixie; transfer Industrial's claims against Dixie to the U.S. District Court for the Western District of Louisiana, Monroe Division; and keep this civil action open for further proceedings against Defendant P.N.M. Transportation, LLC. Signed by District Judge Carlton W. Reeves on 5/14/2024 (LAT) Modified on 5/14/2024 (LAT). [Transferred from Mississippi Southern on 5/17/2024.]
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TEXT-ONLY ORDER granting #27 Motion for Extension of Time to Serve Process. Plaintiff is granted thirty (30) days, up to and including May 29, 2024, to serve Defendant P.N.M. Transportation, LLC with the Summons and Complaint. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 4/29/2024 (MJ) [Transferred from Mississippi Southern on 5/17/2024.]
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| Filing 27 Second MOTION for Extension of Time to Serve Processon P.N.M. Transportation, LLC by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 26 Rebuttal re #17 MOTION to Change Venue (Plaintiff's Rebuttal to Defendant Dixie Towing, LLC's Response in Opposition to Motion to Transfer Venue) filed by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
| DOCKET ANNOTATION as to #24 : There is an error in this entry and it should be disregarded. (KNS) [Transferred from Mississippi Southern on 5/17/2024.] |
| DOCKET ANNOTATION as to #25 : Incorrect linkage made. Memorandum should be linked to Motion to Transfer Venue. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (KNS) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 25 MEMORANDUM IN SUPPORT re Rebuttal to Defendant Dixie Towing, LLC's Response in Opposition to #17 Motion to Transfer Venue filed by Industrial Recycling & Demolition, Inc. (Berry, Kelley) Modified to link document to original motion on 4/10/2024 (KNS). [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 24 ***ERROR***DISREGARD THIS ENTRY***Rebuttal re #21 Response in Opposition to Motion to Transfer Venue filed by Industrial Recycling & Demolition, Inc. (Berry, Kelley) Modified on 4/10/2024 (KNS). [Transferred from Mississippi Southern on 5/17/2024.] |
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TEXT-ONLY ORDER finding as moot #13 Motion to Dismiss; finding as moot #13 Motion to Change Venue. Signed by District Judge Carlton W. Reeves on 04/03/2024. No further written order shall issue. (KF) Modified on 4/3/2024 (KNS). [Transferred from Mississippi Southern on 5/17/2024.]
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| Remark : Defendants Direct Connect Logistix, Inc. and Hoosier Logistics, LLC terminated pursuant to Document 23, Notice of Voluntary Dismissal filed 4/2/2024. (KNS) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 23 STIPULATION of Dismissal of Defendants Direct Connect Logistix, Inc. and Hoosier Logistics, LLC Pursuant to Rule 41(a)(1)(A)(i) by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 22 MEMORANDUM IN SUPPORT re Response in Opposition to #17 Motion to Change Venue filed by Dixie Towing, LLC (Thompson, Nicholas) Modified on 4/2/2024 (KNS). [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 21 Response in Opposition re #17 MOTION to Change Venue by Industrial Recycling & Demolition, Inc. (Berry, Kelley) filed by Dixie Towing, LLC (Thompson, Nicholas) [Transferred from Mississippi Southern on 5/17/2024.] |
| DOCKET ANNOTATION as to #22 : Incorrect linkage made. Memorandum in Support should be linked to Motion to Change Venue. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (KNS) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 20 ANSWER to Complaint Notice of Removal by Industrial Recycling & Demolition, Inc..(Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 19 MEMORANDUM IN SUPPORT re Response in Opposition to #5 Motion to Dismiss or for Summary Judgment filed by Industrial Recycling & Demolition, Inc. (Berry, Kelley) Modified on 3/20/2024 (KNS). [Transferred from Mississippi Southern on 5/17/2024.] |
| DOCKET ANNOTATION as to #16 : Incorrect document attached. Attorney is directed to refile and attach the correct pdf document. (KNS) [Transferred from Mississippi Southern on 5/17/2024.] |
| DOCKET ANNOTATION as to #19 : Incorrect linkage made. Memorandum in Support should be linked to Motion to Dismiss or for Summary Judgment. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (KNS) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Change Venue filed by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 17 MOTION to Change Venue by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 16 ***ERROR***DISREGARD THIS ENTRY***MEMORANDUM IN SUPPORT re #15 Response in Opposition to Motion filed by Industrial Recycling & Demolition, Inc. (Berry, Kelley) Modified on 3/20/2024 (KNS). [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 15 RESPONSE in Opposition re #5 MOTION to Dismiss for Lack of Jurisdiction filed by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
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TEXT ONLY ORDER granting #12 Motion for Extension of Time to Serve Process. Plaintiff is granted up to and including April 10, 2024, to serve Defendant P.N.M. Transportation with the Summons and Complaint. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/19/24 (NL) [Transferred from Mississippi Southern on 5/17/2024.]
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| Filing 14 MEMORANDUM in Support re #13 MOTION to Dismiss or Alternatively, Motion to Transfer Venue filed by Direct Connect Logistix, Inc., Hoosier Logistics, LLC (Monroe, Clark) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 13 MOTION to Dismiss or Alternatively, Motion to Transfer Venue by Direct Connect Logistix, Inc., Hoosier Logistics, LLC (Monroe, Clark). Added MOTION to Change Venue on 3/13/2024 (KNS). [Transferred from Mississippi Southern on 5/17/2024.] |
| DOCKET ANNOTATION as to #13 : This document requests two motion reliefs. Each motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. (KNS) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 12 MOTION for Extension of Time to Serve Processon P.N.M. Transportation, LLC by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 11 SUMMONS Returned Executed by Industrial Recycling & Demolition, Inc.. Hoosier Logistics, LLC served on 2/20/2024, answer due 3/12/2024. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
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Filing 10
ORDER granting #9 Unopposed Motion for Extension of Time to File Motion to Remand. The new deadline is March 27, 2024. Signed by District Judge Carlton W. Reeves on 03/05/2024. (KF) [Transferred from Mississippi Southern on 5/17/2024.]
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| Filing 9 Unopposed MOTION for Extension of Time to File a Motion for Remand by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
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TEXT-ONLY ORDER granting #8 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply re #5 MOTION to Dismiss for Lack of Jurisdiction. The new deadline is March 19, 2024. Signed by District Judge Carlton W. Reeves on 03/01/2024. NO FURTHER WRITTEN ORDER SHALL ISSUE ON THIS MOTION. (KF) [Transferred from Mississippi Southern on 5/17/2024.]
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| Filing 8 MOTION for Extension of Time to File Response/Reply by Industrial Recycling & Demolition, Inc. (Berry, Kelley) [Transferred from Mississippi Southern on 5/17/2024.] |
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Filing 7
ORDER STAYING DISCOVERY. Signed by Magistrate Judge LaKeysha Greer Isaac on 2/21/24 (NL) [Transferred from Mississippi Southern on 5/17/2024.]
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| Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss for Lack of Jurisdiction filed by Dixie Towing, LLC (Thompson, Nicholas) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction by Dixie Towing, LLC (Attachments: #1 Exhibit A - Affidavit of Smith)(Thompson, Nicholas) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 4 Joinder in Document by Dixie Towing, LLC to #1 Notice of Removal,,, filed by Direct Connect Logistix, Inc., Hoosier Logistics, LLC (Thompson, Nicholas) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 3 NOTICE of Appearance by Matthew E. Rutherford, Jr on behalf of Direct Connect Logistix, Inc., Hoosier Logistics, LLC (Rutherford, Matthew) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 2 State Court Record by Defendants Direct Connect Logistix, Inc., Hoosier Logistics, LLC (Monroe, Clark) [Transferred from Mississippi Southern on 5/17/2024.] |
| Filing 1 NOTICE OF REMOVAL by Direct Connect Logistix, Inc., Hoosier Logistics, LLC from Circuit Court of Hinds County, Mississippi, case number 23-684. (Filing fee $405 receipt number AMSSDC-5334312) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Purchase Order, #3 Exhibit C - Email Chain, #4 Civil Cover Sheet)(VM) Modified on 2/13/2024 (VM). [Transferred from Mississippi Southern on 5/17/2024.] |
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